NEW DELHI: A woman from Karnataka has approached the Supreme Court seeking to declare “All forms of Unilateral Extra-Judicial Talaq including Talaq-E-Kinaya and Talaq-E-Bain” as void and unconstitutional for being arbitrary.
Talaq-e-kinaya/talaq-e-bain is given through Kinaya words which can be I free you, you are free now, you/this relation is haram on me, you are separated from me now, etc. It has been argued in the plea that practice of Talaq-E-Kinaya and Talaq-E-Bain and other forms of unilateral extra judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith.
Dr Syeda Ambreen, who was tortured physically and mentally by her husband and in laws in her plea has further asserted that such practices are not only repugnant to the basic dignity of a woman as an individual but also violative of fundamental rights guaranteed under Articles 14, 15, 21, 25 of the Constitution and UN Conventions.
“Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the Petitioner in particular. It is submitted that the practice also wreaks havoc to lives of many women and their children, especially those belonging to the weaker economic sections of the society,” the plea states.
“The Legislature has failed to ensure the dignity and equality of women in general and Muslim women in particular especially when it concerns matters of marriage, divorce and succession. Despite the observations of this Court for the past few decades, Uniform Civil Code remains an elusive Constitutional goal that the Courts have fairly refrained from enforcing through directions and the Legislature has dispassionately ignored except by way of paying some lip service,” the plea also states.
Plea seeks framing of guidelines
Dr Syeda Ambreen in her plea to the apex court sought for gender neutral, religion neutral and uniform grounds of divorce as well as uniform procedure of divorce for all